merc0230

yes. 

Admins - please move if not posted in the correct place.

I am trying to help a family friend. They are adjusting from a B2. The mother's application has already been accepted and is being processed, but the minor child's keeps getting rejected.

When it was first filed (with the mother's applications), it was filed with the 485, 864 and the 944 but it was rejected with the same letter below.

They also tried the 485 and the 864 (no 944), then they tried the 485 and 944 (no 864). Looking through the instructions they do not appear to qualify to file the 864 EZ.

Maybe USCIS made a mistake the first time and what should be filed is the 485, 864 and 944?

Any help would be greatly appreciated. 

2 minutes ago, Lil bear said:

It actually states in the letter you posted that they need the I864A. It’s easy in the anxious state that accompanies an RFIE to not read the details fully. Take another read of it now !! 

Yeah, I clearly see that now. Thanks again for your help.

Just now, Lil bear said:

You need the I 864a to accompany her I 864

Thanks for the prompt response.

That helps tremendously. 

Hi Guys,

We are in the process of obtaining a GC for my mother-in-law (my wife has her citizenship). We got an RFE because when we filled out the original I-864 as my wife being the sponsor but listed me as a source of income. 

(My wife is a stay at home mom).

The RFE is asking for an I-864 for me as my income is the income being used. However the RFE specifically asks that both the sponsor (my wife) and the family member (me) to sign the I-864. I do not see anywhere where that is possible.

Any ideas?

TIA

CCE07102020_0001.pdf

While not Thailand, but while I was living (with residency) and a home, a car in Costa Rica (lower refusal rate) my wife (I'm the USC) got refused a B2.

I think you'll find it difficult to get a visitor visa, not impossible but difficult.

2 hours ago, geowrian said:

Timestamped photos likely have no more value than photos without a timestamp. Anybody can add in (fake) timestamps afterwards in just minutes. There is very rarely a way to verify the date a photo was taken.

This is my thought as well.

7 hours ago, doingmybest said:

Thanks all for the responses. To be clear, I am asking what circumstances could prompt an actual prosecution of the USC for marriage fraud. What makes them decide to prosecute? Would it be something they find during the AOS investigation? What if they intimidate my wife into signing a confession that it is fraudulent? I cannot risk even being accused or sent to court (even if my innocence is incontrovertible).

Not for nothing, the bolded statement is what concerns me. I think there is more here then we are being told. I know no matter what the circumstances, my wife nor I would have ever considered saying our marriage is fraudulent. Good luck OP.

1 minute ago, Russ&Caro said:

I went back through the thread and no one is saying she must leave and no one has denied that any overstay would be forgiven after a legal marriage and AOS is filed.

 

What many of us have suggested is that she consider leaving before her status expires for her own welfare to retain her ability to visit the US in the future should her current relationship not work out. This man has some personal red flags:

1. He married an incompatible woman in the Philippines and participated in the disintegration of that marriage

2. He got into some trouble that necessitated a visit to the US embassy there

3. Whatever he did there he felt compelled to cough up a large sum of money

4. He did not check to see that the annulment was processed

5. Seemingly quick courtship and marriage to the OP, causing him to be a bigamist

 

With that history, if I were the OP, I would consider keeping my options open.

All Valid points. Good luck OP.

I also want to add and clarify. Many statements saying you must leave/return to ensure you don't overstay, blah, blah. 

Overstays are forgiven once you are legally married to your "husband". You can still AOS after the mess with his "ex" is straightened out.

However, you will be out of status and remain out of status (and subject to deportation) until you are legally married and file for AOS.

Others much smarter than I will weigh in, but to me your marriage is invalid and therefore you will not be able to get a greencard (yet). Your husband will have to divorce his first wife, then marry you and THEN you can AOS. Until then you are out of status and deportable.

Not really much to add here as you have been given fairly good advice. 

IMO you do not have to worry about your immigration status as it seems like you would be able to ROC either way.

It gets said here a lot. Take care of yourself first. The rest will work itself out.

Good Luck.

37 minutes ago, SusieQQQ said:

Proof of address is totally school district dependent, not state dependent. Our schools actually require 2-3 different proofs of address and none may be from the DMV! This is definitely not the case all across California. Again, the only place he will get a definitive answer is from the school district itself.

Completely agree that it is school district dependent. Maybe I should have been more clear. In Hillsborough County, once residence is established that person may sign an affidavit stating that the student or parent is living at that address. I apologize if I confused anyone.

On 8/15/2018 at 9:32 AM, debbiedoo said:

i live in the south so it might be different here as we have a lot of immigrant/undocumented kids in the school system. you will need to find out what school he will attend based on his address.

 

for HERE to enroll in school, you have to have

-vaccination records

-school records

-PROOF OF ADDRESS IN SCHOOL DISTRICT (lease, deed to home, utility bills, etc)

-Birth certificate

This is true in Florida as well and even the proof of address can overcome with a affidavit (just a form really). The other items are a must.

1 minute ago, gabarooch86 said:

Because I'm unfamiliar with the Naturalization process. The answer is quite clear, just wanted to know that if she needed to renounce it to become a citizen. I know you are allowed dual citizenship. 

Ah ok. The answer is still no, but mushroomspore answered it more eloquently. 

1 minute ago, gabarooch86 said:

Because I'm unfamiliar with the Naturalization process. The answer is quite clear, just wanted to know that if she needed to renounce it to become a citizen. I know you are allowed dual citizenship. 

Ah ok. The answer is still no, but mushroomspore answered it more eloquently. 

3 minutes ago, gabarooch86 said:

I am a dual citizen myself (Canada/US), but I was born a US citizen. I know Canada and US allow dual citizenship, just curious if she would need to renounce it. 

Maybe I no longer understand your question, because to me you already know the answer. She can have dual citizenship, why would she want to renounce it?

Short answer, no. (Not as far as the US is concerned)

There is a Supreme Court ruling that addresses this, but I don't know it. I'm certain someone will come through with more knowledge and provide it.

As to Canada....no idea.

15 hours ago, NuestraUnion said:

You may be able to get an infopass and get an  I-551 stamp on your passport. Otherwise, it will suck but you probably are going to have to bite the bullet and spend the money on a new card. The way things are going on with immigration now.... I would.

This is exactly what we did. My wife never had her physical 2 year greencard (it was lost in the mail, the post office blamed USCIS and USCIS blamed them - no one could find it). She traveled on the I-551 stamp and in fact, she was able to her passport stamped a second time.

2 hours ago, Birzun said:

Thanks for all of your input! I'm glad to hear that someone had success also with limited photos. I can provide emails, lots of debit card transactions in Canada, and probably get some call history if I really dig into it.

 

Something we were wondering, how should the photos be included in the package? Should we get photo quality prints, or are color printer-quality sheets satisfactory? If we include photo-quality prints, how should we attach them? I don't want to just throw them into the envelope willy nilly.

I photo copied (color) them (2 at a time) and wrote the names/dates/activity on the photocopy. Some people just write names/dates/activity on the back of the photos.

All of this discussion over photos. Aren't pictures considered secondary evidence anyway?

Don't mean to sound snarky. Just saying, from everything I have read photos are secondary.

OP, while I believe most people's comments are truly trying to ensure you are prepared for the expenses. I for one commend you. 

IMHO, the majority of American's do not take care of their parents. It may be costly and difficult at times but good on you for sacrificing for them as I am sure they made sacrifices for you.

BTW - my employer will also let me add my parents to my insurance if they are my dependents per IRS regulations.

Here a are a couple of bulletted items that you may or may not know.

• There is little to no chance that your soon to be ex will receive permanent alimony. There is a small chance that she could receive temporary especially since she has no EAD.
• While it may seem like a scam (in hindsight) the length of marriage doesn't have much affect on a VAWA case. I personally know of a female that has her 10 year GC after being in the US (on a B2 visa) for 4 months, married, DV occurred 2nd month into marriage, divorced finalized within 9 months total time in US. Like you ex husband was arrested, but she refused to press charges. One time occurance. 
• DVI (order of protection) is a civil matter, the standards of evidence is lower than criminal. If you can fight that and win, the state will more than likely drop the criminal charges.

Good luck! (and pull the I-864 if you haven't already)

On 3/23/2018 at 7:32 PM, kmk5870 said:

Did you fly from US to CR or from another country? Did you face any problems flying into CR with just the stamp?

We flew from the US to CR. No problems entering the country as they don't care if you have a greencard or any other status in the US while entering Costa Rica.